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本篇paper代写- Limitations and protections of privacy讨论了隐私权的限制和保护。隐私权是指人们享有的私人生活安宁与私人信息秘密依法受到保护，不被他人非法侵扰、利用和公开的一种人格权。现行的新闻自由权和舆论监督权对人们的隐私权形成一定冲击，使大家的隐私权受到一定限制，但并不等于剥夺了大家的隐私权，应当对大家隐私权进行一定的限制和保护。本篇paper代写由51due代写平台整理，供大家参考阅读。

The right of privacy refers to the personal right of peace and privacy of private information enjoyed by natural persons, which is protected according to law and protected from illegal intrusion, knowledge, collection, utilization and publicity by others. The current right of press freedom and the right of public opinion supervision have certain impact on the privacy right of public figures, which makes the privacy right of public figures subject to certain restrictions.

The right to privacy is a right for every citizen. What about state officials, celebrities? Don't they have privacy? Scandal after scandal in the entertainment industry is exposed, should it be, or is it an invasion of privacy? Through the development of the right of privacy, the coordination between the right of privacy and the public's right to know tells the restriction and protection of the right of privacy of public figures.

Privacy has a long history. Early human life due to a lack of written materials, but what is clear is that in ancient times people have made from animal skins, leaves, hemp pieces and "clothes", wrap some parts of the body or hidden, to later, linen, silk, cotton, wool, chemical fiber, blending and now each big brand clothing, this may be in order to keep out the cold, in order to look good, but in the summer people also want to be wrapped in some places for clothes. From this, it seems safe to assume that people wear clothes not just to keep out the cold and look good, but to cover certain parts of the body.

The theory and practice of privacy rights originated in the United States. The first appellate court to negotiate a privacy issue in 1881, the Michigan high court accepted a woman's tort suit in the same year: may v. Robert, the court awarded damages to the plaintiff. The case arose from the fact that the defendant observed the birth of a woman without her consent. Justice marston argued on behalf of the court: "at this time the plaintiff has a legal right to the privacy of her residence, which is protected by the law by requiring others to respect her rights and prohibiting the violation thereof."

China did not have laws on the protection of human rights between 1949 and 1986, nor did it adopt the concept of privacy. In 1986, the general principles of the civil law were formulated. For the first time, the right of spiritual personality, the right of name, portrait, reputation and honor were stipulated, but the right of privacy was not specified. In April 1988, the supreme people's court promulgated the opinions on the implementation of several issues concerning the implementation of the general principles of the civil law of the People's Republic of China (>), which stipulated in article 140 that "the privacy of others shall be publicized in written and oral form..." If a certain impact is caused, it shall be deemed as an act infringing upon the citizens' right of reputation. Article 8 of the supreme people's court's interpretation of several issues concerning the trial of cases of reputation rights in July 1998, stipulates that the right of reputation shall be considered as infringement if the medical and health care unit arbitrarily discloses that the patient has a sexually transmitted disease and other conditions which cause damage to the patient's reputation rights. These judicial interpretations reflect the indirect protection of privacy rights. However, only some privacy interests in private activities can be protected, and other privacy interests such as private information and private space cannot be protected. In March 2001, the supreme people's court clearly stipulated in the interpretation of several issues concerning the determination of liability for civil tort spiritual damages that those infringing upon privacy interests could directly file a lawsuit with the court for the remedy of liability for spiritual damages. This is the turning point of our country's shift from indirect protection to direct protection of privacy, although the right to privacy has not been directly recognized as a right of personality. Article 42 of the law on the protection of women's rights and interests amended in August 2005 clearly states: "women's right of reputation, right of honor, right of privacy, right of portrait and other personal rights are protected by law." Although this provision stipulates the personal rights of women, this is the first time that the right of privacy is specified as a specific personal right in Chinese law, and the right of privacy is officially recognized as an independent personal right. At present, China's legislature is formulating the civil code. In the draft civil code's personality rights law, it clearly stipulates that citizens enjoy the right of privacy, and that their private information, private activities, private space and the peace of personal life belong to the scope of protection.

The legislator is not the superman who anticipates everything that may happen and plans people's behavior accordingly. Despite his best efforts, he still leaves a lot of gaps and blind spots in the law. In this sense, any law is full of holes. There are also defects and deficiencies in the protection and limitation of the right to privacy of public figures in China. China's general principles of civil law only indirectly protects citizens' privacy through judicial interpretation and protection of the right of reputation. When a citizen's right to privacy is violated, but does not constitute a violation of the right of reputation, the law has no way. Therefore, the right of privacy should be recognized as an independent right of personality in the constitution and the civil code, and the protection of citizens' right of privacy should be formed with the constitution as the core, the civil code as the focus, and other laws and regulations as the auxiliary direct protection.

Public figures are also citizens, and it has not been reported that the law of any country directly excludes public figures from the protection of privacy laws. Just because of the need of public interests, the current right of press freedom and the right of public opinion supervision have a certain impact on the privacy right of public figures, making the privacy right of public figures subject to certain restrictions, but it does not mean that the privacy right of public figures is deprived. Li renyu said in one class: "the work phone number of a star is not private, and the phone number of a private friend is still private. It is an invasion of privacy for anyone who has a camera outside the star's house."

Therefore, the privacy rights of public figures should be restricted and protected as follows:

The protection and limitation of the privacy of public figures are stipulated by separate legislation, which is based on the constitution. The constitution provides for citizens' right of criticism and suggestion and the right to appeal, accuse or report to state organs and functionaries, but there are no detailed rules of operation.

China's press law has been brewing for a long time, but has not been introduced. With the acceleration of the rule of law and China's accession to wto, it is necessary to perfect the press legislation. The protection of the right of supervision of news public opinion, the realization of citizens' right to know, and the protection and restriction of the privacy of public figures are stipulated by law.

In order to better solve the conflict between political power and the privacy rights of government officials, more than 40 foreign countries have enacted unified and complete information disclosure laws, such as the United States' freedom of information act of 1966, Canada's information disclosure law of 1982, and South Korea's public agency information disclosure law of 1996. However, China has only issued relevant information disclosure laws in guangzhou, shenzhen, Shanghai and chengdu, and no formal government information disclosure legislation has been issued, and the draft regulation on government information disclosure is still in preparation. Therefore, we should learn from foreign legislative experience and formulate the information disclosure law in accordance with China's national conditions.

In order to ensure the honesty, efficiency and high public prestige of party and government officials, it is necessary to make public the personal knowledge, work experience, property and family members of the main party and government officials at all levels, listen to public feedback, and then give comprehensive consideration. Such a public notice system will promote the formation of a supervision mechanism for party and government officials to conduct clean politics in accordance with the law.

The public media can disclose the public figures' crimes, violations of law, discipline and ethics. Public figures, whether in their official activities or in their private lives, will affect the public interest of the society. In particular, their bad behaviors will pose more serious harm to public order and good custom of the society.

People have a desire to be "voyeuristic," and they are especially interested in the privacy of public figures who are on a quarterly basis. However, even if the publicity of public figures needs to be sacrificed for some privacy, it does not mean that public figures should be exposed to the public naked. The right of privacy is the right granted to every citizen by law and should be protected legally. Public figures are no exception. Therefore, public figures must be treated with tolerance and the media must be self-disciplined. Only in this way can public figures and media coexist in harmony and the right to privacy and the right to know coexist.

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